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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2015.10.08 2014노2206
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to raise funds for the development of the super-high speed salt and to raise investors, the Defendants did not say that they borrowed money from the victim for the purpose of using the funds for the development of the super-high speed salt itself. The Defendants did not mean that they would use the funds for the development of the super-high speed salt itself.

In addition, the early high-speed salt development project and the defendant's excessive production project using money received from the victim are not a separate business, and in fact there is no fact that the defendants made false statements in relation to the securing of investors because the investment negotiation on the early high-speed salt is in progress.

As such, the Defendants did not borrow money from the victim due to the falsity and did not intend to commit the crime of deception, and the lower court convicted the Defendants by misunderstanding the facts.

B. Even if the court below found the Defendants guilty of unfair sentencing, the sentence imposed by the court below on the Defendants (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendants made the same assertion in the judgment of mistake of facts, and compared the records and the reasoning of the judgment of the court below, the judgment of the court below is just and acceptable. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, the victim stated that the Defendants paid a total of KRW 53 million to the Defendants because the Defendants need to develop the super-high speed colorer while ensuring profit and job when developing the super-high speed colorer. The Defendants appears to have borrowed money to the victims for the purpose of raising funds needed at the beginning of the business, not at the stage of the operation or completion of the super-high speed salt development project, but at the stage of the business, such as the establishment of a corporation for the business and the invitation of investors. This circumstance is the victim's lending of money.

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